How to Start an LLC in Delaware

Last Updated on February 5, 2022

The steps for filing online or by mail are largely the same.  The screenshots show filing online.

Step 1: Name the LLC

Enter the name you want for the LLC.  The name of the LLC has to differ from other entity names in the state of Delaware.  Check on the availability of Delaware LLC names. Note that even though a name may be available from the state, it does not check for trademarks.

The name of the LLC must include one of the following words or abbreviations at the end of the business name:

  • Limited Liability Company
  • LLC
  • L.L.C.

If you are not ready to form the LLC but want to reserve a name, the Delaware Division of Corporations allows for entity name reservations. This is not a requirement, and you will be able to reserve the name for up to 120 days at the cost of $75.

Step 2: Registered Agent

To have an LLC in Delaware, a Registered Agent for service of process must be identified.  A Delaware Registered Agent is an individual resident or a corporate agent such as a registered agent service who acts as the point of contact to receive legal documents, tax notices, summons, subpoenas, etc. on behalf of the LLC.  The registered office address must be a physical street address in the state as a PO Box may not be used, and the agent must be available during normal business hours.

You can act as your own registered agent in Delaware and you are not required to pay for a registered agent.

Step 3: Sign and Date

A person authorized by the LLC (typically a member, attorney, or accountant) must sign and date the Certificate of Formation.

Step 4: Sign, Pay, and File

Pay and file the Certificate of Formation.

Send to:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901

In approximately 1-2 weeks, the LLC will be approved.

If you have questions, contact the Delaware Department of State, Division of Corporations.
401 Federal Street – Suite 4
Dover, DE 19901
Ph: 302-739-3073